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2025 DAILYLAW 171769 (ALL)

AKHILESH KUMAR v. STATE OF UP AND 3 OTHERS

WRIC/27815/2025 · 2025-10-29

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27815 of 2025 Court No. - 9 HON'BLE ARUN KUMAR, J. 1. Heard Sri Vineet Kumar Singh, learned counsel for the petitioner, Sri Gaurav Tripathi, learned counsel for the respondent no.4 and learned Standing Counsel for the respondent nos.1 and 2. 2. The present writ petition has been filed challenging the order of the District Magistrate, Hathras, dated 4.6.2025, passed in exercise of powers under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947 dropping the proceedings initiated against respondent no.4 as Gram Pradhan, Gram Panchayat Baramai Nagla Bijan, Block Hasayan, District Hathras. 3. It is contended by learned counsel for the petitioner that the order of respondent no.2 ceasing financial and administrative powers of the respondent no.4 dated 16.11.2024 was challenged by the Gram Pradhan in Writ-C No.41654 of 2024, in which an interim order was passed on 18.12.2024 staying the effect and operation of the impugned order. However, it was directed that the final enquiry against the Gram Pradhan shall go on and be brought to its logical conclusion. In the enquiry having been held, the District Magistrate by order dated 4.6.2025 has found that the charges levelled against the respondent no.4 were not established, as such, the proceedings were dropped. 4. On the other hand, Sri Gaurav Tripathi, learned counsel for the respondent no.4 has contended that the petitioner was the complainant. He has produced all evidence available with him before the enquiry officer Versus Counsel for Petitioner(s) : Kamlesh Kumar Singh, Vineet Kumar Singh Counsel for Respondent(s) : Anurag Vajpeyi, C.S.C., Gaurav Tripathi Akhilesh Kumar .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) and the District Magistrate, which did not substantiate the allegations made against the Gram Pradhan. The present petition on behalf of complainant is not maintainable as a complainant cannot be a party to the lis. In support of his contention, learned counsel for the respondent no.4 has relied upon the judgment of Hon'ble Supreme Court in the case of Ravi Yashwant Bhoir Vs. District Collector, Raigad and others, reported in (2012) 4 SCC 407 as well as judgments of this Court in the case of Dharam Raj Vs. State of U.P. through District Magistrate, District Sultanpur (U.P.) and others, reported in 2010 (2) AWC 1878 and in Sriram Prasad and another Vs. State of U.P. and others, reported in 2016(6) ADJ 122. 5. In view of the aforesaid facts, as the petitioner has failed to establish his locus standi to challenge the order of the District Magistrate as a complainant, the present writ petition is, accordingly, dismissed. October 30, 2025 Anil WRIC No. 27815 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad